By Lucio S.B. No. 1454 Substitute the following for S.B. No. 1454: By Clark, Bailey C.S.S.B. No. 1454 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the validation of governmental act or proceeding of a 1-3 municipality. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 1, Title 28, Revised Statutes, is amended 1-6 by adding Article 974d-45 to read as follows: 1-7 Art. 974d-45. GENERAL MUNICIPAL VALIDATION 1-8 Sec. 1 All governmental acts and proceedings of a 1-9 municipality not excepted in this Article including charter 1-10 adoptions, amendments, annexations, attempted annexations, 1-11 disannexations and attempted disannexations, taken before June 1, 1-12 1997 are validated as of the dates on which they occurred. 1-13 Sec. 2 (a) This article does not validate any governmental 1-14 act or proceeding which was void or which, under the statutes of 1-15 this state at the time the action or proceeding occurred, was a 1-16 misdemeanor or felony. 1-17 (b) This article does not validate any incorporation or 1-18 attempted incorporation by a municipality of territory within the 1-19 extraterritorial jurisdiction of or within the incorporated 1-20 boundaries of, another municipality without the consent of that 1-21 municipality in violation of Chapters 42 or 43, Local Government 1-22 Code. 1-23 (c) This article does not validate any ordinance which at 1-24 the time it was passed was preempted by any statute of this state 2-1 or of the United States, including Section 1.06 or 109.57, Texas 2-2 Alcoholic Beverage Code. 2-3 (d) This article does not apply to a matter that on the 2-4 effective date of this article: 2-5 (1) is involved in litigation if the litigation 2-6 ultimately results in the matter being held invalid by a final 2-7 judgement of a court of competent jurisdiction; or 2-8 (2) has been held invalid by a final judgement of a 2-9 court of competent jurisdiction. 2-10 SECTION 2. The importance of this legislation and the 2-11 crowded condition of the calendars in both houses create an 2-12 emergency and an imperative public necessity that the 2-13 constitutional rule requiring bills to be read on three several 2-14 days in each house be suspended, and this rule is hereby suspended, 2-15 and that this Act take effect and be in force from and after its 2-16 passage, and it is so enacted.